Federal Public Sector Labour Relations Act

Marginal note:Participation prohibited

196 No employee shall participate in a strike if the employee

• (a) is not included in a bargaining unit for which a bargaining agent has been certified by the Board;

• (b) is included in a bargaining unit in respect of which a collective agreement is in force;

• (c) is included in a bargaining unit in respect of which no collective agreement is in force and for which no notice to bargain collectively has been given;

• (d) is included in a bargaining unit in respect of which no collective agreement is in force and for which a notice to bargain collectively has been given and in respect of which no request for conciliation has been made under section 161;

• (e) is included in a bargaining unit for which the process for resolution of a dispute is arbitration;

• (f) is included in a bargaining unit for which the process for resolution of a dispute is conciliation and in respect of which a notice has been given under section 121 to the effect that the employer has, under section 120, designated positions in the bargaining unit and the employer has not notified the bargaining agent under subsection 122(2);

• (g) occupies a position that has been designated under section 120;

• (h) to (k) [Repealed, 2013, c. 40, s. 323]

• (l) is included in a bargaining unit for which the process for resolution of a dispute is conciliation and in respect of which a public interest commission has not been established to assist the employer and the bargaining agent for the bargaining unit to enter into or revise a collective agreement, unless the bargaining agent has been notified under subsection 162(3) that a public interest commission will not be established;

• (m) is included in a bargaining unit in respect of which the bargaining agent for the bargaining unit has been notified under subsection 162(3) that a public interest commission will not be established to assist the employer and the bargaining agent to enter into or revise a collective agreement and less than seven clear days have elapsed from the date the notice was given under that subsection;

• (n) is included in a bargaining unit in respect of which a public interest commission has been established to assist the employer and the bargaining agent for the bargaining unit to enter into or revise a collective agreement, and the Chairperson has not yet sent the commission’s report or reconsidered report, as the case may be, to the parties, or, if it has been sent, less than seven clear days have elapsed since it was sent;

• (o) is included in a bargaining unit whose bargaining agent has agreed with the employer to be bound as described in section 181 in respect of all terms and conditions in dispute;

• (p) is included in a bargaining unit whose bargaining agent has agreed with the employer to refer, under subsection 182(1), all terms and conditions in dispute to final and binding determination;

• (q) is included in a bargaining unit in respect of which a vote has been held under subsection 183(1) and a majority of employees participating in the vote have accepted the employer’s last offer;

• (r) is included in a bargaining unit whose bargaining agent has failed to conduct a secret ballot vote in accordance with section 184; or

• (s) is included in a bargaining unit whose bargaining agent has conducted a secret ballot vote in accordance with section 184 and

  • (i) the bargaining agent has not received the approval of a majority of the employees who voted, or

  • (ii) if the bargaining agent has received the approval of a majority of the employees who voted and the bargaining agent has declared or authorized the strike after 60 clear days have elapsed, or after any longer period that may be agreed to in writing by the bargaining agent and the employer has elapsed, since the day the vote was held.